Mahalakshmi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.10.2024 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mahalakshmi ... Petitioner / Accused No.2 Vs State represented by The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District, Crime No.480 of 2023.
... Respondent/Complainant For Petitioner : M/s.R.Amarnath, Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.480 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner / Accused, apprehending arrest at the hands of the respondent 1/4
police for the alleged offence punishable under Sections 294(b), 324, 506(ii) IPC altered into Sections 294(b), 324, 307, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.480 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The earlier anticipatory bail petition filed by the petitioner was dismissed by this Court on 27.11.2023, considering the grievous injury sustained by the injured. However, the learned counsel for the petitioners submitted that on the date of occurrence, the petitioners were not in the scene of crime. This is the fourth petition filed by the petitioner. Considering the grievous injury sustained by the injured and the defacto complainant, the earlier application was dismissed.
3. Learned Government Advocate (crl.) submitted that investigation is not completed and accused Nos.2 and 3 are still absconding. First accused was arrested and released on bail by this court in Crl.M.P(MD)No.20807 of 2023 by order dated 20.11.2023.
4. Considering the incarceration period of the first accused, an order was passed by this Court on 20.11.2023. After that, no step was taken by the respondent herein to arrest the petitioner herein. Therefore, this Court is inclined to grant relief to the petitioner with conditions.
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5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.2, Srivilliputhur, Virudhunagar District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned. During the course of investigation, if any necessity arises for custodial interrogation, the respondent may get orders from the concerned Judicial Magistrate. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.2 SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.16401 of 2024 Date :14/10/2024 SS/VR/SAR- /18/10/2024/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4